Intra EU investor-state arbitration. The Achmea judgment: another interpretation is possible

There has been an increase of litigation on petitions confirming foreign arbitral awards based on art.26 of the Energy Charter Treaty, regarding investor-state intra-EU investments. It is directly related to the interpretation that the EU Commission has made of the judgment of the Court of Justice of the European Union in the Achmea case, considering the mentioned arbitration clause incompatible with EU primary law. This article argues that international and EU law allow for another interpretation.